Divorce due to mental illness
Rajaramana RV
(Querist) 22 April 2014
This query is : Resolved
Dear Members, wanted to know if the husband develops mental illness like schizophrenia after 2 years of marriage. What happens if the wife puts up a divorce case on those grounds. Is there any provision of law that after 1 year has passed if person develops mental illness divorce is not granted.
Wanted to know whether will the divorce be given easily in this case or is there a way to defend the marriage legally.
ajay sethi
(Expert) 22 April 2014
Mental illness by itself not enough for divorce: HC
The Bombay high court has refused to grant a decree of divorce to a woman on the ground that her husband was suffering from schizophrenia and had beat her a couple of times after marriage.
"Mental disorder of a husband even if proved, cannot, by itself, warrant a decree of divorce and it must be further proved that it is of such a nature as the wife could not be expected to live with the husband," said Justices V L Achliya and Vijaya Tahilramani in a judgment delivered on January 21.
The court dismissed the appeal filed by the wife against a Mumbai family court order of June 6 last year, rejecting her plea for divorce on the ground of cruelty as her husband was allegedly suffering from a mental illness.
"Inability to manage his or her affairs is an essential attribute of an incurably unsound mind. The facts pleaded and the evidence placed on record produced by the appellant (wife) in this case, does not establish such inability as a ground on which dissolution of marriage was sought by her before the trial court," said the judges.
"It is thus clear that the respondent (husband), even if he did suffer from schizophrenia, it was not to such an extent as to make living together impossible," the judges observed.
Merely branding a spouse as a schizophrenic is not sufficient. The degree of mental disorder of the spouse must be proved to be such that other spouse cannot reasonably be expected to live with him or her, the court opined.
Quoting a Supreme Court Judgment, the bench said the degree of mental disorder must be proved. It must be such that the petitioning spouse cannot reasonably be expected to live with the other.
All mental abnormalities are not recognised as grounds for grant of decree. If the mere existence of any degree of mental abnormality could justify dissolution of a marriage, few marriages would, indeed, survive in law, the judges observed.
Not all schizophrenics are characterised by the same intensity of the disease. The mere branding of a person as schizophrenic, therefore, will not suffice, the judges remarked.
Rajendra K Goyal
(Expert) 22 April 2014
Agree with the expert ajay sethi ji.
Divorce can not be given easily on this ground.
V R SHROFF
(Expert) 22 April 2014
ONLY IF YOU PROVE IT IS NOT CURABLE, AND LIKELY TO ENDANGER WIFE'S LIFE.
To prove is is hardship beyond bearable limit. need to justify for Divorce.
need strong Medical Documentation and witness of Dr.
